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World MeteorologicalOrganization
Legal and InstitutionalAspects of
Integrated Flood Management
WMO/GWP Associated Programme onFlood Management (APFM)
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About this Presentation
This presentation:
Deals with Legal and Institutional
Aspects of IFM
Provides a rational way of
addressing legal issues in flood
management
Aims at promoting understandingof issues of common interest for
flood managers and
lawyers/legislators
dpa
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Flood Plains
Positive aspects: preferred places for
socio-economic activity due to
development potentials Easy access to natural resources
Fertile land for agriculture Services provided by ecosystems
Negative aspects: areas recurrently
affected by flooding
In the traditional flood management approach this has
mostly lead to the adoption of flood control and protection
works (e.g., dams, embankment, diversion works, etc.)
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What is Integrated Flood
Management?
A development policy concept Flood management in the context of Integrated
Water Resources Management (IWRM) Aims at maximizing the net-benefits derived
from flood plains and minimizing losses of lifefrom flooding
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What are Net-Benefits from
Flood Plains?
Benefits derived from using the flood plains, suchas increased crop yields in agriculture,
opportunities for subsistence/recession
agriculture, available space for development,
readily available transport links etc.
Minus
Losses suffered from flood damages and
economic losses due to floods (*)
(*) Human losses of life, biodiversity losses or losses of cultural heritage
are not sufficiently quantifiable in economic terms but co-determine our
policy options:
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Why Integrated Flood Management?
Need to address new challenges Need for a sustainable development and
livelihoods perspective in flood management
Need for policy options with a focus wider thanonly economic loss reduction
Need for a multi-disciplinary and multi-sectoral
approach in flood management
Need for a river basin approach in floodmanagement
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Law: Definition
Is a set of rules or norms of conductwhich mandate, proscribe or permitspecified relationships among peopleand organizations, provide methods
for ensuring the impartial treatmentof such people, and providepunishments for those who do notfollow the established rules of
conduct.Source: Wikipedia
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Roles of Law in Flood Management
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Role of Flood Managers
Implement flood management policies
within the given legislative framework Inform policy-making and legal reform
processes about the realities of floodmanagement
Policy Makers
Affected PopulationFlood Managers
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Overview of functions in IFM
Flood info/data
incl. hydrol.
Networks
Ecosystem
protection
Design, Operation &
Maintenance of flood
defences anddrainage system
Land Use Planning
Controls, floodplain
zoning
Forecasting
and WarningEvacuation &
Relief
Pollution
control
Flood Fighting
Liability for
Flood Losses
Rehabilitation
Assessment of
flood losses
FloodInsurance
Flood proofing &
building
regulation
Public/Stakeholder
Participation
Post Flood
During FloodPre-flood
Reservoir operation
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Central Legal Themes in IFM
Ensuring coordination and integration
across institutional boundaries
Information generation and sharing
Enabling stakeholder participation
Rights, powers and obligations
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Ensuring coordination and integrationThe challenge of integrating national
public planning processes
Users
Sectors
Other stakeholders
Strategicindustries
Dam /
reservoir
operators
All relevantMinistries /
Departments
National
Regional
Local
EnvironmentalRegulator
Water / sewerageservice providersDrainage
Authorities
Farmers /forestry
IrrigatorsDevelopers
Insurers
EmergencyServices
LocalCommunities
Lenders / CreditInstitutions
Users
Sectors
Other stakeholders
Strategicindustries
Dam /
reservoir
operators
All relevantMinistries /
Departments
National
Regional
Local
EnvironmentalRegulator
Water / sewerageservice providersDrainage
Authorities
Farmers /forestry
IrrigatorsDevelopers
Insurers
EmergencyServices
LocalCommunities
Lenders / CreditInstitutions
Users
Sectors
Other stakeholders
Strategicindustries
Dam /
reservoir
operators
All relevantMinistries /
Departments
National
Regional
Local
EnvironmentalRegulator
Water / sewerageservice providersDrainage
Authorities
Farmers /forestry
IrrigatorsDevelopers
Insurers
EmergencyServices
LocalCommunities
Lenders / CreditInstitutions
StrategicindustriesStrategicindustries
Dam /
reservoir
operators
All relevantMinistries /
Departments
National
Regional
Local
EnvironmentalRegulatorEnvironmentalRegulator
Water / sewerageservice providersWater / sewerageservice providersDrainage
AuthoritiesDrainageAuthorities
Farmers /forestryFarmers /forestry
IrrigatorsDevelopers
Insurers
EmergencyServicesEmergencyServices
LocalCommunities
LocalCommunities
Lenders / CreditInstitutionsLenders / CreditInstitutions
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Ensuring coordination and integration
(cont.)
Example Land use planning controls: Flood hazard identification (hazard maps)
Regulated development of flood plains (spatialplanning/ land use legislation)
Introduction of flood risk assessment to developmentactivities (urban, forestry, agriculture)
Flood proofing of structures
(building codes) Guidance on best practice for
agriculture
Regulation through incentives and
disincentives (insurance)
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Information generation and sharing
Creating institutional mandates andobligations for information generation
Mandating relevant institutions to exchange
data in necessary quality and timeliness
Exposing plans, strategies, programmes and
projects to public scrutiny Linking information to intended uses in
Preparedness planning (hazard, exposure and
vulnerability infomation)Emergency response (forecasting, warning,
flood fighting, evacuation etc)
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Information generation and sharing
Example: Flood Forecasting and Warning Define responsibilities for provision of flood
forecasting, warning and emergency response
Rights of access to relevant data and ensuring
their availability (basin wide)
Obligatory broadcasting of flood warnings onthe mass media
Liability issues in cases of failure (warn toolate, inaccurately or where no warning isrequired)
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Enabling stakeholder
participation
Granting rights of access to adequate information
to the public for informed decision-making
Institutionalizing community participation in
flood management activities on the local level Providing for flood preparedness of the
population (e.g. emergency drills)
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Enabling stakeholder
participation Example of CFMC
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Rights, powers, obligations
Must be appropriate for functions to be carriedout.
E.g. agency responsible for maintaining
infrastructure will need access rights
Is there corresponding right of
compensation for property owners?
Does flood management agency have
right to destroy flood defencesincompatible with flood plan?
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Recent legal reform related to flood
management on the national level
South AfricaNational Water Act 1998Disaster Management Act 2002
FranceLaw on Natural and Technological Risks 2003
IndiaDisaster Management Bill 2005
GermanyAct to Improve Preventive Flood Control 2005 United States
WARN Act 2006
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Regulating bi-and multi-lateral
cooperation in shared basins
Required forimproved planning and response
loss reduction
conflict prevention
Should be based on relevant international
legal principlesLaw of international Water Courses
(UN 1997 and UNECE 1992)Draft model provisions UNECE 2006
Related international (environmental) law
Soft law (Helsinki Rules, ILA and ILC work)
Treaty practice and Case Law
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IFM as part of wider legal frameworks forprotection and utilization of int. water courses
Reconciliation of conflicting interests throughprinciple of Equitable and reasonable utilization
Procedural rules for
Exchange of data and information
Public participation
Dispute settlementSpecifying the role of joint institutions
Key Considerations for International
Water Courses
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Basic Principles
Equitable and reasonable use
No significant harm
Precautionary principle
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The European Example
Floods Directive adopted by the EC Sept 2007
Framework for the reduction of risk to human
health, the environment and economic activity
associated with floods in the Community
Main elements:Preliminary flood risk assessment
Flood risk maps and Flood risk managementplans for river basins, sub basins or stretch of
coastline for which it is concluded that potential
significant flood risks exist or might reasonably
be considered likely to occur.
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Sound analysis as a basis for reform:
The Rapid Legal Assessment Tool
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A word on politics
Political windows of opportunity after floods Considering the transboundary level as an option
to add value to flood management Experts and practitioners to be prepared with a
balanced approach before the flood
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Concluding Remarks
Provisions to be mainstreamed into a broad range ofsectoral legislation on all administrative scales
Due consideration of enforceability
Issues of wider sustainability to be mainstreamed
into flood policy and legislation Policy, legal and institutional arrangements to be
harmonized and flexible enough to provide forchanging environment
Legislative arrangements to be complemented byother available mechanisms (economic, social andcultural)
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Further Reading
IFM Concept Paper IFM Legal and Institutional Aspects Case studies: Flood Management and Law in
India, Japan, Serbia and Switzerland
http://www.apfm.info/publications.htm
National Laws and International Instruments
(see Flood Management Reference Centre)
http://www.apfm.info/database_policy.htm
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For more information pleasevisit
http://www.apfm.infoThank you !
http://www.apfm.info/http://www.apfm.info/